Patented Medicine Prices Review Board v. Hoechst Marion Roussel Canada
The appeal was dismissed because the appellant failed to demonstrate that the Motions Judge misapprehended the facts or committed an error of principle; absent such a showing, the appellate court will not disturb the Motions Judge's decision.
Source-derived case information.
- Citation
- 2002 FCA 504
- Parties
- Appellant: Patented Medicine Prices Review Board; Appellant (proposed Respondent or Intervener): Board Staff of the Patented Medicine Prices Review Board; Respondent (applicant): Hoechst Marion Roussel Canada Inc.; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 17 December 2002
- Procedural Posture
- Appeal / Decision on Appeal (final)
- Outcome
- Appeal dismissed with costs to the respondent Hoechst Marion Roussel Canada
- Legal Topics
- Judicial Review, Standard of Review, Appellate Deference, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patented Medicine Prices Review Board
Appellant
Board Staff of the Patented Medicine Prices Review Board
Appellant (proposed Respondent or Intervener)
Hoechst Marion Roussel Canada Inc.
Respondent (applicant)
Attorney General of Canada
Respondent
Procedural Posture
Appeal / Decision on Appeal (final)
Legal Issues
- 1 Whether the Motions Judge misapprehended the facts
- 2 Whether the Motions Judge committed an error of principle warranting appellate intervention
Ratio Decidendi
The appeal was dismissed because the appellant failed to demonstrate that the Motions Judge misapprehended the facts or committed an error of principle; absent such a showing, the appellate court will not disturb the Motions Judge's decision.
Court Disposition
Appeal dismissed with costs to the respondent Hoechst Marion Roussel Canada
Orders
- Appeal dismissed.
- Costs awarded to the respondent, Hoechst Marion Roussel Canada.
Full Case Text
Judgment text and source record
1 paragraphs
Patented Medicine Prices Review Board v. Hoechst Marion Roussel Canada Court (s) Database Federal Court of Appeal Decisions Date 2002-12-17 Neutral citation 2002 FCA 504 File numbers A-104-02 Decision Content Date: 20021217 Docket: A-104-02 Neutral citation: 2002 FCA 504 CORAM: RICHARD C.J. STONE J.A. NOËL J.A. BETWEEN: BOARD STAFF OF THE PATENTED MEDICINE PRICES REVIEW BOARD Appellant (Proposed Respondent or Intervener) and HOECHST MARION ROUSSEL CANADA Respondent (Applicant) and ATTORNEY GENERAL OF CANADA Respondent (Respondent) Heard at Ottawa, Ontario, on December 17, 2002. Judgment delivered from the Bench at Ottawa, Ontario, on December 17, 2002. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20021217 Docket: A-104-02 Neutral citation: 2002 FCA 504 CORAM: RICHARD C.J. STONE J.A. NOËL J.A. BETWEEN: BOARD STAFF OF THE PATENTED MEDICINE PRICES REVIEW BOARD Appellant (Proposed Respondent or Intervener) and HOECHST MARION ROUSSEL CANADA Respondent (Applicant) and ATTORNEY GENERAL OF CANADA Respondent (Respondent) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on December 17, 2002.) [1] The appellant has not demonstrated that the Motions Judge misapprehended the facts or committed an error of principle in concluding as he did. [2] Accordingly, the appeal will be dismissed with costs to the respondent, Hoechst Marion Roussel Canada. "J. Richard" Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-104-02 STYLE OF CAUSE: PATENTED MEDICINE PRICES REVIEW BOARD AND OTHERS and HOECHST MARION ROUSSEL CANADA, INC. AND OTHERS PLACE OF HEARING: OTTAWA, ONTARIO DATE OF HEARING: December 17, 2002 REASONS FOR JUDGMENT OF THE COURT : RICHARD C.J. STONE J.A. NOËL J.A. REASONS FOR JUDGMENT DELIVERED FROM THE BENCH AT OTTAWA, ONTARIO, ON DECEMBER 17, 2002 APPEARANCES: Mr. Gordon Cameron FOR THE APPELLANT PATENTED MEDICINE PRICES REVIEW BOARD Mr. Guy Pratte FOR THE APPELLANT BOARD STAFF OF THE PATENTED MEDICINE PRICES REVIEW BOARD Mr. Martin Mason FOR THE RESPONDENT, HOECHST MARION ROUSSEL CANADA INC. Mr. Frederick Woyiwada FOR THE RESPONDENT, ATTORNEY GENERAL OF CANADA SOLICITORS OF RECORD: Blake, Cassels & Graydon LLP Ottawa, Ontario FOR THE APPELLANT PATENTED MEDICINE PRICES REVIEW BOARD Borden Ladner Gervais LLP Ottawa, Ontario FOR THE APPELLANT BOARD STAFF OF THE PATENTED MEDICINE PRICES REVIEW BOARD Gowling, Lafleur , Herderson LLP Ottawa, Ontatio FOR THE RESPONDENT HOECHST MARION ROUSSEL CANADA INC. Mr. Morris Rosenberg The Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT ATTORNEY GENERAL OF CANADA